Z-882                 _______________________________________________


                                                   HOUSE BILL NO. 1772



                                                                            C 218 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Representatives Spanel, S. Wilson, Haugen and R. King; by request of Department of Fisheries



Read first time 2/3/89 and referred to Committee on Fisheries & Wildlife.



AN ACT Relating to renaming and defining certain species of fish; and amending RCW 75.08.011 and  77.08.020.




        Sec. 1.  Section 75.04.010, chapter 12, Laws of 1955 as last amended by section 4, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.011 are each amended to read as follows:

          As used in this title or rules of the director, unless the context clearly requires otherwise:

          (1) "Director" means the director of fisheries.

          (2) "Department" means the department of fisheries.

          (3) "Person" means an individual or a public or private entity or organization.  The term "person" includes local, state, and federal government agencies, and all business organizations.

          (4) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature.  Fisheries patrol officers are peace officers.

          (5) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction.  The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

          (6) "To fish" and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.

          (7) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

          (8) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

          (9) "Concurrent waters of the Columbia river" means  those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

          (10) "Resident" means a person who has for the preceding ninety days maintained a permanent abode within the state, has established by formal evidence an intent to continue residing within the state, and is not licensed to fish as a resident in another state.

          (11) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

          (12) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director.  The term "food fish" includes all stages of development and the bodily parts of food fish species.

          (13) "Shellfish" means those species of marine and freshwater invertebrates that shall not be taken except as authorized by rule of the director.  The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

          (14) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:


!tp1,1,1 !tcScientific Name!tc!sc ,001Common Name


!trOncorhynchus tshawytscha!tlChinook salmon

!trOncorhynchus kisutch!tlCoho salmon

!trOncorhynchus keta!tlChum salmon

!trOncorhynchus gorbuscha!tlPink salmon

!trOncorhynchus nerka!tlSockeye salmon


          (15) "Commercial" means related to or connected with buying, selling, or bartering.  Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

          (16) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

          (17) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

          (18) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel to which are attached no more than two single hooks or one artificial bait with no more than four multiple hooks.


        Sec. 2.  Section 77.08.020, chapter 36, Laws of 1955 as last amended by section 21, chapter 457, Laws of 1985 and RCW 77.08.020 are each amended to read as follows:

          (1) As used in this title or rules of the commission, "game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the commission and includes:


@h0!tp1,1@56Scientific Name !tl@56Common Name


@h2!l !dsxx!ix!tr!ss1!ir*,1!ir3,2!ih2,3


!ae0!ix!tl!ss1!il*,1!ih2,2!ed !gsxxAmbloplites rupestris!gsyyrock bass

!gsxxCoregonus clupeaformis!gsyylake white fish

!gsxxIctalurus furcatus!gsyyblue catfish

!gsxxIctalurus melas!gsyyblack bullhead

!gsxxIctalurus natalis!gsyyyellow bullhead

!gsxxIctalurus nebulosus!gsyybrown bullhead

!gsxxIctalurus punctatus!gsyychannel catfish

!gsxxLepomis cyanellus!gsyygreen sunfish

!gsxxLepomis gibbosus!gsyypumpkinseed

!gsxxLepomis gulosus!gsyywarmouth

!gsxxLepomis macrochirus!gsyybluegill

!gsxxLota lota!gsyyburbot or fresh water ling

!gsxxMicropterus dolomieui!gsyysmallmouth bass

!gsxxMicropterus salmoides!gsyylargemouth bass

!gsxxOncorhynchus nerka (in its!gsyykokanee or silver trout

!gsxx!sc ,002landlocked form)

!gsxxPerca flavescens!gsyyyellow perch

!gsxxPomixis annularis!gsyywhite crappie

!gsxxPomixis nigromaculatus!gsyyblack crappie

!gsxxProsopium williamsoni!gsyymountain white fish

!gsxx((Salmo)) Oncorhynchus!gsyygolden trout

!gsxx!sc ,002aquabonita

!gsxx((Salmo)) Oncorhynchus!gsyycutthroat trout

!gsxx!sc ,002clarkii

!gsxx((Salmo gairdnerii))!gsyyrainbow or steelhead trout

!gsxxOncorhynchus mykiss

!gsxxSalmo salar (in its!gsyyAtlantic salmon

!gsxx!sc ,002landlocked form)

!gsxxSalmo trutta!gsyybrown trout

!gsxxSalvelinus fontinalis!gsyyeastern brook trout

!gsxxSalvelinus malma!gsyyDolly Varden trout

!gsxxSalvelinus namaycush!gsyylake trout

!gsxxStizostedion vitreum!gsyyWalleye

!gsxxThymallus articus!gsyyarctic grayling




          (2) Private sector cultured aquatic products as defined in RCW 15.85.020 are not game fish.

                                                                                                                           Passed the House March 6, 1989.


                                                                                                                                         Speaker of the House.


                                                                                                                           Passed the Senate April 18, 1989.


                                                                                                                                       President of the Senate.